WWE’s grand spectacles are known for high-dollar pyrotechnic displays. It appears that WrestleMania 38’s fireworks were a bit too much for one fan, and that resulted in a lawsuit that is still dragging out to this day, despite being initially thrown out by a judge.
Marvin Jackson filed a lawsuit against WWE after attending WrestleMania 38 at AT&T Stadium in Arlington, Texas. In his lawsuit, Jackson claimed that he lost hearing in his left ear during WrestleMania 38 due to a pyrotechnics blast.
The court initially dismissed the case with prejudice, preventing it from being revived in the same court. PW Insider has now reported that Marvin Jackson appealed the decision, and the court will hear the argument in early 2024.
Marvin Jackson’s original lawsuit alleged that WWE did not place any warnings about how loud the pyro would be around the entrance area, or anywhere else in the building. It was claimed that WWE’s failure to issue this warning resulted in Jackson’s injuries.
“On or about April 3, 2022, Plaintiff attended WrestleMania 38 which was hosted by Defendant and located at AT&T Stadium, 1 AT&T Way, Arlington, Texas 76011.
Plaintiff was an invitee on the premises. Defendant was the occupier of the premises.Plaintiff was seated next to the stage at the venue. When performance began, pyrotechnics went off. The blast from the pyrotechnics was so loud that it caused Plaintiff to lose almost all hearing in his left ear.
No facts suggest that anything Plaintiff did or failed to do in any way caused or contributed to the incident or resulting damages.
Defendant failed to notify anyone or place any warnings to warn of the existence of the dangers associated with pyrotechnics.As a result of the incident, Plaintiff suffered serious injuries.”
WWE argued that fans agreed to enter arbitration over legal issues when purchasing WrestleMania tickets online. The court ordered both sides to submit supplemental material on arbitration.
WWE also cited a cruise line case as a legal precedent, where a woman sued, claiming she hadn’t entered an agreement, but the court sided with the cruise line. Marvin Jackson’s representation then argued he provided evidence disputing his notice of the arbitration agreement and being considered a third-party beneficiary.
Despite Marvin Jackson’s attorneys requesting an oral hearing, it was not allowed. In the ruling, the court stated Jackson was under the legal agreement for the ticket purchase, requiring arbitration between Jackson and WWE.
The lawsuit accuses WWE of negligence, gross negligence, and strict liability, claiming WWE knew the risks of using pyrotechnics. The court will decide if Jackson can resurrect his lawsuit.
WWE just wrapped up a long antitrust lawsuit with MLW. The terms of that settlement were not publicly divulged, but the numbers may come out in TKO Group Holdings’ next financial report. As for this lawsuit about the WrestleMania 38 pyro, it will keep going at this point.
In his initial lawsuit, Marvin Jackson sought a jury trial and was seeking financial compensation exceeding $1,000,000. This included damages of any nature, penalties, costs, expenses, prejudgment interest, and attorney’s fees.